We are now over three months from the discovery during a trial in Kent County that someone had taken the narcotic drug evidence and replaced it with blood pressure pills. That revelation prompted an internal audit, delays in numerous trials, and the identification of 22 cases, so far, in which someone tampered with or stole the drug evidence at Dr. Richard Callery’s drug lab.
Speaking of Dr. Callery, as Sean O’Sullivan’s recent article demonstrates, our Chief Medical Examiner (now suspended) has been more focused on his other paid jobs in Rhode Island and elsewhere than on maintaining high standards and the integrity of evidence and testing in his own shop. Obviously, the problem goes beyond the 22 cases identified so far, for how can there be any confidence in any testing done by the OCME lab at this point? What procedures, protocols, and oversight measures were in place? Clearly, if there were any, they were woefully inadequate. So far, the Delaware lab scandal appears similar to the recent one in Massachusetts, which affected over 1,000 cases.
Meanwhile, our overcrowded jails feature a population of inmates whose cases have been delayed, or that have been convicted based on evidence that may not have been properly handled or tested. Of course, law abiding Delawareans should want drug dealers prosecuted, but on the other hand, Delaware deserves a criminal justice system that preserves the constitutional rights of the accused. Dr. Callery’s corrupted lab and the fallout from the scandal affects all who are interested in justice. In fact, the deputy AGs who diligently work to prosecute these cases should be the most frustrated of all—a lot of good work is being undone here.
The most surprising development after three months is that we have heard nothing from the Attorney General or the Governor. Apparently, the State Prosecutor has launched an internal investigation with the assistance of an outside firm. Unfortunately, we do not have an Inspector General in Delaware, but one would hope the investigation as the one recently concluded by the Massachusetts Inspector general. (Report here.)This a time for transparency and communication, not silence. To get to the bottom of this mess will probably take quite a while. But three months without a progress report or at least some word from our elected officials is too long.